: Against the anti-democratic drifts of a subjective-based criminal law, it is necessary to recover the guaranteeing and selective value of the legal good. If this statement is valid in general, it is particularly so in the field of crimes against the public administration, which in recent years has seen the revaluation of old ethical and formalistic conceptions of protected legal objectivity. A constitutionally oriented reading of the norms regarding public administration suggests, instead, the recovery of an objective-functional conception, both as a guiding criterion for future legislative policies both as an interpretative canon of the incriminating provisions that already exist
La pubblica amministrazione come oggetto di tutela penale: tra nuove derive eticizzanti e necessità di recupero del suo significato oggettivo-funzionale
Fabrizio rippa
2021-01-01
Abstract
: Against the anti-democratic drifts of a subjective-based criminal law, it is necessary to recover the guaranteeing and selective value of the legal good. If this statement is valid in general, it is particularly so in the field of crimes against the public administration, which in recent years has seen the revaluation of old ethical and formalistic conceptions of protected legal objectivity. A constitutionally oriented reading of the norms regarding public administration suggests, instead, the recovery of an objective-functional conception, both as a guiding criterion for future legislative policies both as an interpretative canon of the incriminating provisions that already existI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.